How do we strengthen the Nagoya Protocol implementation?

18 February 2013 | News story

As part of the GEF ABS LAC activities on access and benefit sharing (ABS), IUCN is developing the Virtual Forum “Nagoya Protocol Implementation” (www.foroadb.jimdo.com). This space will allow participants to discuss the national policies and legal frameworks on Access and Benefit Sharing (ABS) in different countries. The Virtual Forum is carried out from January to March.

The forum will gather information about uncertainties within countries that are part of the project on the implementation on the Nagoya Protocol regarding the development of benefit-sharing contracts, intellectual property and biopropecting.

During January, the participants had the opportunity to discuss two important issues: the genetic resources property and the States participation on profits.

On the issue about the genetic resources property, Carla Cardenas, Virtual Forum moderator, concluded that within the region, legal framework established that genetic resources are public. Citizens have the right to use and enjoy them, but these resources must have an administrator. In this case, governments are responsible for regulating the conditions on how to benefit from the use of genetic resources. They will ensure equity access among citizens.

About the second issue, it has not really been analyzed in the region, creating uncertainty about the potential of the resource which will be accessed as well as the meaning of what benefit sharing is, as if was said by Luciana Silvestri, researcher of the Territory at the UNESCO Cathedra and Environment of Rey Juan Carlos University.
Besides being beneficiaries of genetic resources, Governments have to be responsible for overseeing the contracts compliance and processes that are carried out to access to genetic resources as well as PIC, MAT and equity between users and providers.

The following weeks, participants will discuss other issues such as the development of access and sharing process, indigenous people participation, among others.

The GEF UNEP IUCN Regional Project ABS LAC aims to ensure that the principles of conservation, sustainability, equity and justice of the Convention on Biological Diversity (CBD) in regards to access and benefit sharing and the protection of traditional knowledge.